Manrique v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-7250 | 11th Cir. | Oct 11, 2016 | Apr 19, 2017 | 6-2 | Thomas | OT 2016 |
Holding: A defendant wishing to appeal an order imposing restitution in a deferred restitution case must file a notice of appeal from that order; if he fails to do so and the government objects, he may not challenge the restitution order on appeal.
Judgment: Affirmed, 6-2, in an opinion by Justice Thomas on April 19, 2017. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined. Justice Gorsuch took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Justices require notice of appeal from deferred restitution judgments (Steve Vladeck, April 19, 2017)
- Argument analysis: Justices appear skeptical that notices of appeal in criminal cases encompass subsequent restitution determinations (Steve Vladeck, October 12, 2016)
- Argument preview: Can an appellate court consider a challenge to the amount of a restitution award as part of an appeal of the underlying sentence? (Steve Vladeck, October 4, 2016)
- Another look at proof of bank fraud (Lyle Denniston, April 25, 2016)
| Date | Proceedings and Orders |
|---|---|
| Dec 02 2015 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2016) |
| Dec 30 2015 | Order extending time to file response to petition to and including February 3, 2016. |
| Jan 19 2016 | Order further extending time to file response to petition to and including March 4, 2016. |
| Mar 04 2016 | Brief of respondent United States in opposition filed. |
| Mar 24 2016 | DISTRIBUTED for Conference of April 15, 2016. |
| Apr 18 2016 | DISTRIBUTED for Conference of April 22, 2016. |
| Apr 25 2016 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| May 20 2016 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 8, 2016. |
| May 20 2016 | The time to file respondent's brief on the merits is extended to and including September 1, 2016. |
| Jul 08 2016 | Joint appendix filed. (Statement of costs filed) |
| Jul 08 2016 | Brief of petitioner Marcelo Manrique filed. |
| Jul 13 2016 | SET FOR ARGUMENT on Tuesday, October 11, 2016. |
| Jul 22 2016 | Record requested from U.S.C.A. 11th Circuit. |
| Aug 02 2016 | Record received from U.S.D.C. Southern Dist. of Florida is electronic and located on PACER. Also received SEALED pleadings (1 Envelope). |
| Aug 19 2016 | CIRCULATED. |
| Sep 01 2016 | Brief of respondent United States filed. (Distributed) |
| Sep 30 2016 | Reply of petitioner Marcelo Manrique filed. (Distributed) |
| Oct 11 2016 | Argued. For petitioner: Paul M. Rashkind, Assistant Federal Defender, Miami, Fla. For respondent: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Apr 19 2017 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. Gorsuch, J., took no part in the consideration or decision of the case. |
| May 22 2017 | JUDGMENT ISSUED. |
| Aug 28 2017 | Record from the U.S.D.C. Southern District of Florida has been returned. |
